Essential Steps in the Land Registration Process

We all dream of acquiring some of the most exquisite properties in our name. It increases our net worth and adds value to our wealth numbers. Purchasing any piece of land is a great asset that helps with increasing our income and assets that might be valuable to us and our future generations financially. In today’s ever booming economy, it is very important to acquire and invest in a piece of land, to ensure our own family’s security and ensure a potential source of wealth for our family that exponentially increases over the years. However, purchasing any piece of land isn’t a very easy process. We need to make sure that our land is registered and gains granted permission from the government. And only then, we are liable to call a piece of land as rightfully in our possession. 

Why do we need to do the registration of our land?

When Purchasing any piece of land, we need to make sure that the registration and legislation of the land are properly enforced. This process ensures that you gain all authority and ownership of your land and no one else can trespass or confiscate your land from you by any means.  

As per Section 17 of the Indian Registration Act 1908 it is mandatory to register and officially record the agreement of transfer, sale, gift, or lease of a property. After the completion of the registration process, it becomes a part of the permanent public record. 

The registration process involves: 

• Preparation of the sales deeds
• Paying the applicable stamp duty
• Property registration fees for the deed
• After the payment, the Sub-Registrar Office (SRO) records the deed legally 
• Finally, the Inspector General of Registration, Revenue and Disaster Management, Government of Assam manages the official registration of property in Assam 

How to register land in Assam?

Registration (Assam Amendment) Act, 2013

Registration (Assam Amendment) Act, 2013 outlines the process for registering deeds (documents). This act also provides information about the legal rights and obligations related to immovable property. Land, buildings, lights, and fisheries are considered as immovable property under this act.

Compulsory Deed Registration: Section 17 of the Registration Act

Section 17 of the Registration (Assam Amendment) Act regulated the types of documents that must be registered by law. The following deeds are required to undergo mandatory registration:

• Instruments of the gifts of immovable property
• Lease of immovable property of any terms exceeding one year or from year to year
• Instruments that extinguish a title to the property of value above one hundred rupees

Deed Registration Optional: Section 18 of the Registration Act

Section 18 of the Registration (Assam Amendment) Act covers the types of deeds for which registration is optional, as explained below:

• Instruments other than wills and gifts relating to the transfer of immovable property, the value of which should be less than Rs.100
• Lease of immovable property for less than 12 months (1 year)
• Instruments are acknowledging payment of any consideration
• Instruments are transferring any order of a court where the subject matter is immovable property, the value of which should be less than one hundred rupees. 

Purpose of Assam Property Registration (Deed registration) 

• As per the provision of the Assam Registration Act, rights, title, or interest can be acquired only if the deed is registered.
• The document/deed registration will be a permanent public record once it's registered with the concerned office
• Anyone can inspect the property registration public records and get a copy of registered deeds
• Assam registration of property provides the information to the public that the ownership title has transferred to the new owner.
• Property registration/deed registration enables any citizen to verify whether the property has been previously encumbered while purchasing the property If a person intends to buy immovable property in Assam, he/she can easily verify the record-index available in the registrar's office. The citizen can ascertain in whose name the last transfer document has been registered.

Documents Required

• Assam Property Registration Application Form
• NOC from the DC
• NOC from GMDA/Permission from Municipality 
• Original deed in stamp paper with stamp assessment 

These documents need to be presented at the office of the Sub-Registrar, situated in a District, Sub District, and Circle level where the land or property is located. Within 15 days of the application, the Assam Property Registration will be completed. 

Stamp Duty for Assam Deed Registration

Stamp Duty

• Stamp duty is a type of tax paid during Assam property registration.
• It serves as proof for the purchase of immovable property, land, or deed registration in Assam.
• The stamp duty is calculated based on the market value of the property or the assessed value of the land, whichever is higher.

Stamp Duty and Registration Fee Assessment Procedure

Step 1:

To access the Stamp Duty Rate and Registration Fee: 

• Visit the Assam Revenue Department homepage.
• Click on the "Legal Document" option, which will redirect you to the e-Panjeeyan page.

To calculate stamp duty, provide the following details:

• Security Question
• Deed Category
• Deed Sub-category

For real estate deeds (e.g., sale or gift of property), the following information is required:

• Consideration Amount (in Rupees)
• Purchaser Information
• Location of the land or flat

Step 2:

After submitting the form with the required information, the details of Assam property registration and stamp duty will be displayed on the screen.

Deed Preparation 

Prior to applying for land registration, the deed/document needs to be prepared. This can either be written by the person registering the property or by a deed writer, for which a fee is charged. The fee depends on the property's value mentioned in the deed. The language of a deed should be in the language commonly used in the district existing in Assam.

Process of Registering Deed through SRO 

The stamp duty or registration fee needs to be paid prior to the application for property registration. On successful payment, the e-stamp paper will be provided, which needs to be attached to the application. 

A step-by-step explanation of the process of Registering a deed through SRO: 

Step 1:

Properly fill out the application form and all other supporting documents for land registration. 

Step 2:

An acknowledgment slip containing a unique number and slot date will be provided after the submission of the application.

Appointment booking to visit the SRO can be done through the e-Panjeeyan web portal. 

Step 3:

Visit the SEO on the appointment date with the original documents for verification. 

Step 4:

After the verification, the SRO will update details in the land records maintained by the Assam Government. 

Step 5:

After the Sub-Registrar approves the deed, it will be added to the revenue records, and the details of the document, along with the photographs of the buyer, seller, witnesses, and identifiers, will be recorded.

Anyone over the age of 18 who is not involved in the property transaction can sign as a witness.

Step 6:

Lastly, the SRO officer will complete the party details form by collecting the signatures and biometric data of both the buyer and seller.

Get Registered Deed

Following the successful verification of the application and documents, the SRO will finally register the property and update the details in online land records. The registered deed or rights records can be collected from the respective SRO office.

Frequently Asked Questions: